Spanish couples who have ended their relationship can now more easily obtain joint custody of their pets. A change in law puts the welfare of pets above the administrative rights of their owners.
A dog, cat or other pet is no longer legally seen as an object that belongs to one or the other partner, but as a full family member. “And the welfare of that living creature must be taken into account,” animal welfare lawyer Lola Garcia told Reuters news agency.
Responsibility
Spain is rich in pets. When couples broke up, it was legally arranged that the partner who had once registered the pet automatically remained the owner. Now a judge has to determine which owner the animal is better off with. People have a better chance if they are financially independent and if they have custody of the children, if this is the case. But the judge can also decide to give both partners responsibility for the pet.
That happened for the first time last October, in a case in which lawyer Garcia mediated. Former partners from Madrid were given joint custody of their dog. He now stays with one boss for a month and then with the other boss for a month. Such a division should become more common with the amendment of the law.
“In Spain, we have long viewed our pets as beings with consciousness and feelings. Recognizing this under Spanish law is an important first step,” said Garcia.
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